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HomeMy WebLinkAbout05-10-1999 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 10, 1999 Council Chambers, Municipal Building Meeting No. 99-11 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: George F. Rossbach, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Carlson moved to approve the minutes of Council/Manager Workshop (April 5, 1999)as presented. Seconded by Councilmember Kittridge Ayes -Mayor Rossbach, Councilmembers Koppen, Kittridge, Carlson Abstain -Councilmember Allenspach Councilmember Kittridge moved to approve the minutes of Meeting No. 98-09 (April 26, 1999) as presented. Seconded by Councilmember Carlson Ayes -all E. APPROVAL OF AGENDA: Councilmember Koppen moved to approve the Agenda as amended. F-1. Paul Bartz introduced the Maplewood Police Cadet Explorer Program and presented each member with plaques received for various awards. N-2. Set date to interview for Police Civil Service Commission Candidates. Seconded by Councilmember Carlson Ayes -all F. APPOINTMENTS/PRESENTATIONS Mayor Rossbach read a Proclamation for Ramsey County Neighborhood Night being held on Wednesday, May 19. 1999. G. CONSENT AGENDA: Councilmember Carlson moved to approve the Consent Agenda as recommended. Seconded by Councilmember Koppen Ayes -all 1. Approval of Claims Approved the following claims: s-io-99 1 ACCOUNTS PAYABLE: $ 42,572.33 Checks #7873 - #7884 Dated 4-16 thru 4-23-99 $ 89,299.47 Checks #43355 - #43478 Dated 4-27-99 $ 2,183.81 Checks #7885 - #7888 Dated 4-28 thru 4-30-99 $ 251,828.01 Checks #43481 - #43566 Dated 5-4-99 $ 385,883.62 Total Accounts Payable PAYROLL: $ 291,051.30 Payroll Checks and Direct Deposits Dated 4-30-99 $ 19,727.65 Payroll Deduction Checks Dated 4-30-99 $ 310,778.95 Total Payroll $ 696.662.57 GRAND TOTAL 2. Revision of Criteria for Cancellation of Ambulance Bills Approved that the criteria for cancellation of ambulance bills be revised to have the same limit on liquid assets as the Medical Assistance program. 3. Closure of Fire Department Auxiliary Fund Authorized the closure of the Fire Department Auxiliary Fund by a transfer of the remaining balance to the General Fund and for staff to make the appropriate budget adjustments. 4. Conditional Use Permit Review -Ramsey County Correctional Facility Accepted the 1998 annual report of the Ramsey County Correctional Facility. 5. Resolution of Appreciation -Marv Erickson Adopted the following Resolution of Appreciation of Marv Erickson. 99-05-032 RESOLUTION OF APPRECIATION WHEREAS, Marv Erickson has been a member of the Maplewood Community Design Review Board since February 9, 1987 and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgement; and WHEREAS, Marv has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Marv has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Marv Erickson is hereby extended our gratitude and appreaation for his dedicated service and we wish him continued success in the future. 6. Recognition to Maplewood Police Cadet Explorer Post The Maplewood Police Cadet Explorers and their Advisors be recognized for this award and their contributions to the City of Maplewood. 7. MS Society -Miscellaneous Permit Fee Waiver s-io-99 z Approved the miscellaneous permit for the MS Society root beer float sale and waived the $41.00 permit fee. 8. Boy Scouts Pack 64 -Miscellaneous Permit Fee Waiver Approved the miscellaneous permit to sell food at the Cross Lutheran Church and to waive the $41.00 permit fee. H. PUBLIC HEARINGS 1. 7:00 P.M. Pep Boys Store (White Bear Avenue) 1. Wetland Setback Variance 2. Conditional Use Permit 3. Design Approval a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Boardmember Tim Johnson presented the Community Design Review Board report. f. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following person was heard: Linda Fischer, Larkin, Hoffman, Daly & Lindgren, Ltd. -representing applicant g. Mayor Rossbach closed the public hearing. Councilmember Koppen moved/introduced the followin Resolution a rovin u to a 55.5-foot wetland buffer variance for a ro ose e o s u omo roe en er sou o i e ear venue. 99-05-033 VARIANCE RESOLUTION WHEREAS, Pep Boys Automotive Center applied for a variance from the zoning ordinance. WHEREAS, this variance applies to property south of 2570 White Bear Avenue. The legal description is: Parcel A: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, which lies Easterly of the centerline of White Bear Avenue and Southerly of the North 216.00 feet, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel B: That part of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue, except the South 495 feet thereof, according to the .S. Government Survey thereof, Ramsey County, Minnesota. Parcel C: The North 150 feet of the South 495 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue except that part of the above described premises formerly known as and described as Lot 24, Block 1, Florence Park, now vacated, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. 5-10-99 3 WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer. WHEREAS, the applicant is proposing a wetland buffer ranging from 44.5 to 86 feet. WHEREAS, this requires a variance of 55.5 feet. WHEREAS, the history of this variance is as follows: 1. On April 19, 1999, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on , 1999. City staff published a notice in the Maplewood Review and sent notices to t e>~ounding property owners as required by law. The counal gave everyone at the hearing an opportunity to speak and present written statements. The counal also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance as recommended by the city staff that would allow no more than a 55.5-foot encroachment into the normally-required 100-foot wetland-protection buffer for the following reasons: 1. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. 3. The Ramsey-Washington Metro Watershed District has accepted the applicant's grading and drainage plan and the wetland-buffer encroachment. 4. The city council approved a similar variance for National Tire and Battery for the lot to the north in 1997. Approval is subject to the applicant dedicating awetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. The wetland-buffer easement shall cover all of the site east of the parking lot curbing. Seconded by Councilmember Allenspach Ayes -all Councilmember Koppen moved/introduced the followin Resolution a rovin a conditional use ermit for a maintenance ara e a e ro ose e o s u omo roe en er sou o ite ear venue. 99-05-034 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Pep Boys Automotive Centers applied for a conditional use permit for a motor vehicle maintenance garage for the new Pep Boys automotive-service center: WHEREAS, this permit applies to property on the east side of White Bear Avenue south of 2570 White Bear Avenue. The legal description is: Parcel A: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, which lies Easterly of the 5-10-99 4 centerline of White Bear Avenue and Southerly of the North 216.00 feet, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel B: That part of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue, except the South 495 feet thereof, according to the .S. Government Survey thereof, Ramsey County, Minnesota. Parcel C: The North 150 feet of the South 495 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue except that part of the above described premises formerly known as and described as Lot 24, Block 1, Florence Park, now vacated, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On April 19, 1999, the planning commission recommended that the city council approve this permit. 2. On May 10, 1999 the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall not be any outdoor storage of materials or discarded tires, parts or refuse. There shall not be any over-night outdoor storage of vehicles. s-io-99 5 5. The applicant shall submit a landscape plan to staff for approval of the plantings in the wetland buffer area. Seconded by Councilmember Kittridge Ayes -all Councilmember Koppen moved to a roved the tans date-stam ed March 5 1999 for ro osed Pe Bo s Automotive Cen er sou o i e ear venue ase on a in in s re uire e co e. pprova is su lec o e o owing con i ions: 1. Repeat this review in two years if the city has not issued a building permit for this protect. 2. Before getting a building permit, the applicant shall: a. Dedicate awetland-buffer easement. This easement shall describe the bounda of the buffer and prohibit any building, mowing, cutting filling or dumping within the buffer, except for required landscaping and seeding. The applicant shall record the deed for this easement before the city will issue a building permit. The wetland-buffer easement shall cover all of the Pep Boys property east of the parking lot curbing. b. Revise the site plan by widening the souther)y landscaped strip by five feet. This five-foot widening is derived from narrowing the northerly green area by five feet. c. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. d. Revise the rear building elevations to provide rock-face concrete block, instead of flat concrete block, painted to match the color and detailing on the front and sides of the building. The red rain gutters and down spouts on the east side of the building shall be substituted with a neutral color. e. Combine the three lots and two vacated street rights-of-way that comprise this site into one legally-described parcel. f. Dedicate and record cross easements for access between Pep Boys and National Tire and Battery if this easement has not yet been established. 3. The applicant shall complete the following before occupying the building: a. Install a reflectorized stop sign at the southerly exit and ahandicap-parking sign for each handicap parking space. b. Post a "no left turn" sign at the southerly curb cut. c. Provide continuous concrete curb and gutter all around the parking lot and driveways. d. Paint the rooftop mechanical equipment to match the building color if the units are visible. (code requirement) e. Construct the trash dumpster enclosure using the same materials and color as the building. This enclosure shall have a 100 percent opaque gate. f. Install an in-ground lawn irrigation system for all landscaped areas except for the planted areas by the wetland behind the building. (code requirement) g. Install signs at the edge of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. h. Provide site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. s-io-99 6 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. 5. This approval does not include the signs. Signage will be reviewed by staff through the sign permit process. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Mayor Rossbach Ayes -all I. AWARD OF BIDS 1. Roof Replacement -Park Maintenance Building a. Manager McGuire introduced the staff report. b. Parks & Recreation Director Anderson presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared./The following persons were heard: Councilmember Kittridge moved to reject the bid from Sella for $41,900 and direct staff to conduct the bidding process over. Seconded by Councilmember Koppen Ayes -all J. UNFINISHED BUSINESS NONE K. NEW BUSINESS 1. Annual Neighborhood Stop Sign Requests a. Manager McGuire introduced the staff report. b. Public Works & Engineering Director Haider presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: 1. Radatz & Furness Robert Quinn, 2183 E. Radatz Betty Quinn, 2183 E. Radatz Councilmember Kittrdige moved to approve the stop sign at Radatz & Furness, subject to the City of North St. Paul approval. Seconded by Councilmember Carlson Ayes -all s-io-99 ~ 2. Kohlman & English Warren Stemmer, 1325 Kohlman Avenue B. Gotler, 1325 Kohlman Avenue Dick South, 2684 Elm Street Warren Stemmer, second appearance Councilmember Kittridge moved to approve stop signs at Kohlman and English and at Kohlman and Clarence. Seconded by Councilmember Koppen Ayes -Mayor Rossbach, Councilmembers Koppen, Kittridge, Carlson Nay -Councilmember Allenspach 3. Birmingham and Summon and Birmingham and Ripley Ken Holmbey, 1856 Birmingham Holly Jones, 1839 Birmingham Don Storms, 1888 Birmingham Tom Schafer, 1470 Price Avenue Missy O'Connor, 1890 Birmingham Councilmember Carlson moved to change the 2 way stop sign at Birmingham and Ripley to a 4-way stop sign. Seconded by Councilmember Koppen Ayes -Mayor Rossbach, Councilmembers Carlson and Koppen Nays -Councilmembers Kittridge & Allenspach 2. Residential Parking Ordinance a. Manager McGuire introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. NO ACTION TAKEN Recommended to take to Council/Manager Workshop for discussion in the near future. L. VISITOR PRESENTATIONS NONE M. COUNCIL PRESENTATIONS 1. Mayor's Mailbox -Mayor announced upcoming Neighborhood Meetings. N. ADMINISTRATIVE PRESENTATIONS 1. Referendums -City Manager McGuire reviewed the process of the liquor referendum. Parks & Recreation Director Anderson reviewed the park referendum and Fire Chief Hewitt reviewed the progress of the fire department referendum. 2. Interviews -Councilmember Carlson moved to extend the meeting hours for the June 7th Council Manager Workshop from 5:00-7:30 for the purpose of setting up interviews for the Police Civil Service Commission Candidates. Seconded by Councilmember Koppen Ayes -all s-io-99 a O. ADJOURNMENT Meeting adjourned at 8:58 P.M. Karen Guilfoile, City Clerk s-io-99 9